'Competing request - same conduct - State not Party - international obligation' in document 'Mauritius - ICC Act 2011'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART IV – ARREST AND SURRENDER OF PERSONS

15. Proceedings after arrest

(4)

(c) In case of competing requests between the International Criminal Court and another State, the matter shall be settled in accordance with Article 90 of the Statute

RELEVANT ROME STATUTE PROVISIONS

Article 90
Competing requests
4. If the requesting State is a State not Party to this Statute the requested State, if it is not under an international obligation to extradite the person to the requesting State, shall give priority to the request for surrender from the Court, if the Court has determined that the case is admissible.
5. Where a case under paragraph 4 has not been determined to be admissible by the Curt, the
requested State may, at its discretion, proceed to deal with the request for extradition from the
requesting State.